Sponsor
Nancy Mace
Representative · R-SC
Representative · R-SC
The bill clarifies and simplifies DOJ vacancy timing by making the expiration of 28 U.S.C. § 3346 an explicit trigger and removing outdated procedures—reducing administrative ambiguity for federal prosecutors but risking shorter appointment windows and potential legal challenges over appointment authority.
DOJ leaders and federal prosecutors (U.S. Attorneys and DOJ leadership) will face simpler, less ambiguous vacancy rules because removing subsection (d) streamlines procedures for interim appointments and reduces legal uncertainty.
Federal employees involved in appointment processes (U.S. Attorneys and DOJ leadership) gain clearer statutory timing because the bill makes the expiration of time limits in 28 U.S.C. § 3346 an explicit trigger for filling vacancies.
Federal prosecutors and DOJ staffing may face new litigation or disputes over who has appointment authority (e.g., Attorney General vs. temporary appointees) as courts interpret the changed vacancy trigger.
U.S. Attorneys and interim appointees could see shorter or altered appointment windows if protections or deadlines previously provided by the removed subsection no longer apply, disrupting continuity in offices.
Based on analysis of 2 sections of legislative text.
Modifies 28 U.S.C. § 546: replaces a vacancy trigger with the expiration of section 3346 time limits and deletes subsection (d), changing how U.S. Attorney vacancies are handled.
Official title: To amend title 28, United States Code, related to vacancies in offices of United States Attorneys, and for other purposes.
Introduced August 15, 2025 by Nancy Mace · Last progress August 15, 2025
Amends the statute governing vacancies in the office of United States Attorney by changing one of the listed triggers that starts a temporary appointment process and removing a separate subsection that previously affected vacancy procedures. The change narrows and simplifies the statutory mechanics for when a vacancy appointment process is triggered, which will affect how and when temporary U.S. Attorneys are installed during vacancies.